Oklahoma § 40-452 - License required - Fee - Exemptions

§ 40-452. License required - Fee - Exemptions

A. No contractor shall abate any friable material containing

asbestos without having first obtained a license to do so from the

Commissioner of Labor. The Commissioner shall issue an asbestos

abatement license to a qualified contractor upon proper application,

as determined by the Commissioner. The Commissioner of Labor may

promulgate rules establishing a schedule of administrative fees for

the application, licensing, examination, certification of asbestos

abatement contractors and workers employed by a contractor for

asbestos abatement, as well as a fee to be paid by contractors to

the Department of Labor for each separate containment area,

glovebag, or miniature containment area of any asbestos abatement

project. The fees stated in this section on the effective date of

this act shall remain in effect until such rules become effective,

at which time the fees stated in this section shall be superseded by

rule. The annual fee for such license shall be Five Hundred Dollars

($500.00). The fee shall be deposited into the Department of Labor

Revolving Fund. A nonrefundable initial application fee of One

Thousand Dollars ($1,000.00) shall be charged and deposited into the

Department of Labor Revolving Fund. The Commissioner may deny a

license to applicants whose past abatement performance for abatement

of friable asbestos does not comply with federal and other states'

requirements. A minimum waiting period shall be established at the

discretion of the Commissioner of Labor and will be required before

issuance of a license to permit the Commissioner to perform a work

performance investigation of the applicant.

Oklahoma Statutes - Title 40. Labor

The annual fee for examining and certifying workers employed by

a contractor for asbestos abatement shall be Twenty-five Dollars

($25.00). The fee shall be deposited in the Department of Labor

Revolving Fund. Uncertified workers shall not be used on any

asbestos abatement projects.

B. The state and political subdivisions thereof, counties and

political subdivisions thereof and municipalities and political

subdivisions thereof, and their supervisors and employees, shall not

be exempt from any certification fees required by this section when

such entities act as a contractor.

C. A fee of Six Hundred Dollars ($600.00) shall be paid by

contractors to the Department of Labor for each separate containment

area of any asbestos abatement project. The fee collected shall be

deposited by the Department of Labor into the Department of Labor

Revolving Fund. There shall be a minimum number of inspections of

each containment area as deemed necessary by the Commissioner of

Labor. For projects which are not a part of a definite containment

area, or are performed with multiple glovebags or miniature

containments, a fee of Two Hundred Dollars ($200.00), plus Five

Dollars ($5.00) per such glovebag or miniature containment, shall be

paid to the Department of Labor for deposit into the Department of

Labor Revolving Fund.

Asbestos abatement projects performed on properties owned by the

state or any political subdivision thereof shall not be exempt from

this fee.

D. Any asbestos abatement contractor transporting asbestoscontaining material shall be required to provide to the Commissioner

a Certificate of Insurance by a carrier licensed to do business in

the State of Oklahoma demonstrating a minimum of One Million Dollars

($1,000,000.00) of environmental impairment insurance.

E. No state agency or political subdivision thereof, county or

political subdivision thereof, or municipalities or political

subdivisions thereof shall solicit or receive any estimate or bid

for abatement of asbestos from any person or party who is not a

licensed asbestos abatement contractor.

Added by Laws 1982, c. 101, § 2, eff. Oct. 1, 1982. Amended by Laws

1985, c. 270, § 2; Laws 1987, c. 208, § 82, operative Nov. 1, 1987;

Laws 1987, c. 236, § 92, operative Nov. 1, 1987; Laws 1988, c. 250,

§ 3, emerg. eff. June 27, 1988; Laws 1991, c. 215, § 16, eff. July

1, 1991; Laws 1993, c. 145, § 267, eff. July 1, 1993; Laws 2016, c.

82, § 5, eff. Nov. 1, 2016.